ILLINOIS POLLUTION CONTROL BOARD
    February 27, 1992
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    v.
    )
    PCB 92—24
    (Enforcement)
    )
    MODINE MANUFACTURING COMPANY,
    )
    a Wiscoflsin corporation,
    )
    Respondent.
    ORDER OF THE BOARD (by J. C. Marlin):
    This complaint was filed on February 11, 1992. On the same
    day, the parties filed a request for relief from the otherwise
    applicable requirement of Section 31(a) (1) of the Act that proposed
    stipulated settlements be presented at public hearing. Section
    31(a) (2), as enacted in P.A. 87—0134, effective August 13, 1991,
    provides in pertinent part:
    Notwithstanding the provisions of subdivision
    (1) of this subsection (a), whenever a
    complaint has been filed on behalf of the
    Agency or by the People of the State of
    Illinois, the parties may file with the Board
    a stipulation and proposal for settlement
    accompanied by a request for relief from the
    requirement of a hearing pursuant to
    subdivision (1). Unless the Board, in its
    discretion, concludes that a hearing will be
    held, the Board shall cause notice of the
    stipulation, proposal and request for relief
    to be published and sent in the same manner as
    is required for hearing pursuant to
    subdivision (1) of this subsection. The
    notice shall include a statement that any
    person may file a written demand for hearing
    within 21 days after receiving the notice. If
    any person files a timely written demand for
    hearing, the Board shall deny the request for
    relief from a hearing and shall hold a hearing
    in accordance with the provisions of
    subdivision (1).
    The Board accordingly directs the Clerk to cause publication
    of the required newspaper notice. The Board will reserve ruling on•
    the parties’ request until after the statutory 21 days has passed.
    130—327
    2
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certj. y that the above Order was adopted on the
    ~‘1~
    day of
    _____________________,
    1992, by
    a
    vote of
    ~
    A
    Dorothy M. ~nn, Clerk
    Illinois PQjflution Control Board
    130—328

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